Respondent’s Signature 1 Date and Company Stamp · request for proposal (“rfp”) rfp number...

Transnet Request for Proposal No iCLM HQ 0828

Provision of maintenance and software support and upgrades for Rubber Tyre Gantry (RTG) and Ship to Shore simulators at Transnet SOC Limited Operating as Transnet Port Terminals (TPT) at its Container Terminals in Cape Town, Ngqura and Durban

_____________________ _____________________ Respondent’s Signature 1 Date and Company Stamp

TRANSNET PORT TERMINALS an Operating Division of

TRANSNETSOC LIMITED (Registration No. 1990/000900/06)

REQUEST FOR PROPOSAL (“RFP”)

RFP NUMBER iCLM HQ 0828

PROVISION OF MAINTENANCE AND SOFTWARE SUPPORT AND UPGRADES FOR RUBBER TYRE GANTRY (RTG) AND SHIP TO SHORE (STS) SIMULATORS AT TRANSNET SOC LIMITED

OPERATING AS TRANSNET PORT TERMINALS (TPT) AT ITS CONTAINER TERMINALS IN CAPE

TOWN, NGQURA AND DURBAN

FOR A PERIOD OF TWO (2) YEARS

ISSUE DATE : 05 December2011

CLOSING DATE : 20 December 2011

CLOSING TIME : 10h00

Please note that late responses and those delivered or posted

to the incorrect address will be disqualified.





PROVISION OF MAINTENANCE AND SOFTWARE SUPPORT AND UPGRADES FOR RUBBER

TYRE GANTRY (RTG) AND SHIP TO SHORE (STS) SIMULATORS AT TRANSNET SOC LIMITED OPERATING AS TRANSNET PORT TERMINALS (TPT) AT ITS CONTAINER TERMINALS IN CAPE



SCHEDULE OF DOCUMENTS

Section

1. Notice to Bidders

2. Background, Overview and Scope of Requirements

3. Proposal Form

4. Resolution of Board of Directors (Respondent’s Representative)

5. Certificate of Acquaintance with RFP Documents

6. Service Fees and Costs

7. Statement of Services Successfully carried out by Tenderer

8. General Tender Conditions (CSS5 – Services)

9. Draft Professional Services Agreement (US7 – Services)

10. Supplier Declaration Form

11. Supplier Code of Conduct

12. Non-Disclosure Agreement

13. RFP declaration form

14. Supplier Development:

Annexure “A” – SD Guideline Document

Annexure “B” – Supplier Development Returnable Document




SECTION 1



OPERATING AS TRANSNET PORT TERMINALS (TPT) AT ITS CONTAINER TERMINALS IN CAPE TOWN, NGQURA AND DURBAN


NOTICE TO BIDDERS

1. Proposals are requested from interested / selected persons, companies, close corporations or enterprises (hereinafter referred to as the “Respondent(s)”) to supply the above-mentioned requirement to Transnet.

On or after 05 December 2011 the RFP documents may be inspected at, and are obtainable from the office of Transnet Port Terminals HQ, 3rd Floor, Kingsmead Office Park, Stalwart Simelane (Stanger Street),

Durban, on proof of payment of an amount of R250,00 (incl. VAT) per set.

Payment in direct deposit to: Standard Bank

Account Name: Transnet Port Terminals Account Number: 050280023

Branch Code: 040026 Branch Name: Kingsmead, Durban

NOTE 1.1 This amount is not refundable. RFP documents will only be available until 15h00 on 12 December 2011.

Any additional information or clarification will be faxed or emailed to all potential Respondents, if necessary

2. A formal briefing session will not be held but should Respondents have specific queries they should email these

to the Transnet employee(s) indicated below:

Name : Mathombi Khoza

Division : Procurement

Email : [email protected]




In the interest of fairness and transparency the said information will then be made available to the other

Respondents who have collected RFP documents. For this purpose all Respondents need to indicate their

intention to respond by informing the above-mentioned Transnet employee (per email only) of their contact numbers as soon as possible but before 14th December 2011

Proposals in duplicate must reach the Secretariat, Transnet Port Terminals Acquisition Council before the closing hour on the date shown below, and must be enclosed in a sealed envelope which must have inscribed

on the outside:

RFP No : iCLM HQ 0828

Description :PROVISION OF MAINTENANCE, SOFTWARE SUPPORT AND UPGRADES FOR RUBBER TYRE GANTRY (RTG) AND SHIP TO SHORE

(STS) SIMULATORS AT TRANSNET SOC LIMITED OPERATING AS TRANSNET PORT TERMINALS (TPT) AT ITS CONTAINER

TERMINALS IN CAPE TOWN, , NGQURA AND DURBAN

Closing date and time : 20 December 2011 at 10h00

Closing address (refer options paragraph 4 below)

4. DELIVERY INSTRUCTIONS FOR THIS RFP

4.1 If delivered by hand, the envelope is to be deposited in the Transnet Port Terminals (“TPT”)tender box

which is located at the main entrance, at the main entrance, Kingsmead Office Park, Stalwart Simelane Street (Stanger Street) Durban, and should be addressed as follows:

THE SECRETARIAT DIVISIONAL ACQUISITION COUNCIL

TRANSNET PORT TERMINALS TENDER BOX (iCLM HQ 0828)

KINGSMEAD OFFICE PARK STALWART SIMELANE (STANGER STREET)

DURBAN

The measurements of the "tender slot" are 305mm wide x 65mm high, and Respondents must please

ensure that response documents or files are not larger than the above dimensions. Responses which are too bulky (i.e. more than 100mm thick) must be split into two or more files, and placed in separate

envelopes.

It should also be noted that the above tender box is located at the main entrance and is

accessible to the public 24 hours per day, 7 days a week.

4.2 If dispatched by courier, the envelope must be addressed as follows and delivered to the Office of The Secretariat, Transnet Port Terminals Acquisition Council and a signature obtained from that Office:




THE SECRETARIAT DIVISIONAL ACQUISITION COUNCIL

TRANSNET PORT TERMINALS

TENDER BOX (iCLM HQ 0828) KINGSMEAD OFFICE PARK

STALWART SIMELANE (STANGER STREET)

DURBAN

5. Please note that this RFP closes punctually at 10:00 on Tuesday, 20 December 2011.

6. If responses are not posted or delivered as stipulated herein, such responses will not be considered and will be

treated as "UNRESPONSIVE."

7. NO EMAIL OR FACSIMILE RESPONSES WILL BE CONSIDERED.

8. The responses to this RFP will be opened as soon as practicable after the expiry of the time advertised for receiving them.

9. Transnet shall not, at the opening of responses, disclose to any other company any confidential details

pertaining to the Proposals / information received, i.e. service fees, deliverables, etc. The names and location of the Respondents will, however, be divulged to other Respondents upon request.

10. Envelopes must not contain documents relating to any RFP other than that shown on the envelope. All envelopes must reflect the return address of the Respondent on the reverse side.

11. No slips are to be attached to the response documents. Any additional conditions must be embodied in an accompanying letter. Subject only to clause 22 (Alterations made by the Respondent to Tendered Prices) of the

General Tender Conditions, alterations, additions or deletions must not be made by the Respondent to the

actual RFP documents.

12. BROAD-BASED BLACK ECONOMIC EMPOWERMENT (“BBBEE”)

Transnet fully endorses and supports the Government’s Broad-Based Black Economic Empowerment Programme and it is strongly of the opinion that all South African business enterprises have an equal

obligation to redress the imbalances of the past.

Transnet would therefore prefer to do business with local business enterprises who share these same values and who are prepared to contribute to meaningful BBBEE initiatives (including, but not limited to

subcontracting and Joint Ventures) as part of their RFP responses. Transnet will accordingly allow a “preference” in accordance with the 10% preference system, as per the Preferential Procurement Policy

Framework Act, 5 of 2000 (as amended), to companies who provide a BBBEE Accreditation Certificate. All procurement and disposal transactions in excess of R30 000 (thirty thousand S.A. Rand) will be evaluated

accordingly. All transactions below this threshold will, as far as possible, be set aside for Exempted Micro

Enterprises (EMEs).




Consequently, when Transnet invites prospective suppliers to submit Proposals for its goods and services, it

urges Respondents (Large Enterprises and QSE’s - see below) to have themselves accredited by any one of

the various Accreditation Agencies approved by SANAS (the South African National Accreditation Systems, under the auspices of the DTI)

In terms of Government Gazette No 32467, Notice No. 810 dated 31 July 2009, as from 1 February 2010 only BBBEE Accreditation Certificates issued by SANAS Approved verification agencies will be valid. However

Accreditation Certificates issued before 1 February 2010, and which are still within their 1 year validity period, will still be acceptable, until its expiry date and provided the accreditation was done in accordance

with the latest Codes ( i.e. those promulgated on 9 February 2007)

No certificate issued after 1 February 2010, by a Verification Agency not approved by SANAS or IRBA, will be acceptable as from that date.

12.1 Enterprises will be rated by such agency based on the following:

(a) Large Enterprises (i.e. annual turnover >R35 million):

Rating level based on all seven elements of the BBBEE scorecard

(b) Qualifying Small Enterprises – QSE (i.e annual turnover >R5 million but <R35 million):

Rating based on any four of the elements of the BBBEE scorecard

(c) Exempted Micro Enterprises – EME (i.e. annual turnover <R5 million):

EMEs are exempted from BBBEE accreditation

Automatic rating of Level 4 BBBEE irrespective of race of ownership, i.e. 100%

BBBEE recognition

Black ownership >50% or Black Women ownership >30% automatically qualify as Level 3 BBBEE, i.e. 110% BBBEE recognition

EME’s should only provide documentary proof of annual turnover (i.e. audited financials) plus proof of Black ownership if Black ownership >50% or Black Women ownership

>30%

12.2 In addition to the above, Respondents who wish to enter into a Joint Venture or subcontract portions of the contract to BBBEE companies, must state in their RFPs the percentage, of the total contract value that

will be allocated to such BBBEE companies, should they be successful in being awarded any business. A rating certificate in respect of such BBBEE JV-partners and / or sub-contractor(s), as well as a breakdown

of the distribution of the aforementioned percentage must also be furnished with the RFP response to enable Transnet to evaluate / adjudicate all RFPs received on a fair basis.

12.3 The DTI has also contracted with B1SA (Pty) Ltd to create a national database of BBBEE enterprises. It

will therefore be in the best interest of BBBEE enterprises, and they are accordingly encouraged to register themselves with B1SA (Pty) Ltd, immediately their SANAS or IRBA approved verification agency

issues their verification certificate. Not only will their name and BBBEE recognition level be published on the National BBBEE Database but other potential clients in the private and public sector requiring




particular commodity/ service may source them from this National Database for possible future business

opportunities.

12.4 Respondents will be required to furnish proof of the above to Transnet. (i.e. a detailed scorecard as stipulated above in respect of Large Enterprises and QSEs, or proof of turnover

in respect of EMEs). Failure to do so will result in a score of zero being allocated for BBBEE.

Turnover : Kindly indicate your company’s annual turnover for the past year R………………………..

If annual turnover <R5m, please attach audited financials.

If annual turnover >R5m please attach an accreditation certificate issued by an Accreditation

Agency, together with all the relevant score sheets pertaining thereto.

13. SOCIO-ECONOMIC OBLIGATIONS FOR FOREIGN RESPONDENTS

Foreign Respondents’ socio-economic obligations under this procurement programme will fall under the

associated Government initiative, namely, the Competitive Supplier Development Programme (“CSDP”) as developed by the Department of Public Enterprises, details of which are appended hereto at Annexure A.

14. COMMUNICATION

Respondents are warned that a response will be liable to disqualification should any attempt be made by a

Respondent either directly or indirectly to canvass any officer(s) or employee of TPT in respect of this RFP

between the closing date and the date of the award of the business.

A respondent may, however, BEFORE THE CLOSING DATE AND TIME, direct any enquiries relating to the

RFP to the TPT employee as indicated in clause 2 above, and may also at any time after the closing date of the RFP, communicate with the Secretariat of the Transnet Port Terminals Acquisition Council, at telephone

number 031 308 8343 or fax no. 086 630 9722 on any matter relating to its RFP response.

15. RFP SCHEDULE

Respondents will be contacted as soon as practicable with a status update. At this time short-listed

Respondents may be asked to meet with Transnet representatives at a location to be agreed.

16. INSTRUCTIONS FOR COMPLETING THE RFP

(i) Sign one set of documents (sign and date the bottom of each page). This set will serve as the legal and binding copy. A duplicate set of documents is required. This second set can be a copy of the

original signed Proposal.

(ii) Both sets of documents to be submitted to the address specified above.

(iii) The following returnable documents must accompany all Proposals:

- Respondent’s latest audited financial statements;

- Respondent’s Original valid Tax Clearance Certificate.

(iv) All returnable documents (as listed under section 3) must accompany the original RFP




17. COMPLIANCE

The successful Respondent (hereinafter referred to as the “Supplier”) shall be in full and complete

compliance with any and all applicable State and Local Laws and Regulations.

18. ADDITIONAL NOTES:

All returnable documents as indicated in the Proposal Form (Section 3) must be returned with the

response

Respondents are to note that Proposals in which firm prices are quoted for the duration of any resulting

contract may receive precedence over prices which are subject to adjustment

Changes by the Respondent to its submission will not be considered after the closing date

The person or persons signing the Proposal must be legally authorised by the Respondent to do so (Refer

Section 4). A list of those person(s) authorised to negotiate on your behalf (if not the authorised signatories) must also be submitted along with the Proposal together with their contact details.

All prices must be quoted in South African Rands

Transnet reserves the right to undertake post-tender negotiations with selected Respondents or any

number of short-listed Respondents and may wish to visit the Respondent’s place of work during this

process.

NB: Unless otherwise expressly stated, all Proposals furnished pursuant to this Request shall

be deemed to be offers. Any exceptions to this statement must be clearly and specifically indicated. Transnet reserves the right to reject any or all offers.

FAILURE TO OBSERVE ANY OF THE AFOREMENTIONED REQUIREMENTS

MAY RESULT IN A PROPOSAL BEING REJECTED

19. DISCLAIMERS

Respondents are hereby advised that Transnet is not committed to any course of action as a result of its issuance of this RFP and/or its receipt of a Proposal in response to it. In particular, please note that

Transnet reserves the right to:

modify the RFP’s Services and request Respondents to re-bid on any changes;

reject any Proposal which does not conform to instructions and specifications which are detailed herein;

disqualify Proposals submitted after the stated submission deadline;

not necessarily accept the lowest priced Proposal;

reject all Proposals, if it so decides;

award a contract in connection with this Proposal at any time after the RFP’s closing date;

award only a portion of the proposed Services which are reflected in the scope of this RFP;

split the award of the contract between more than one Supplier;




make no award of a contract;

reserves the right to verify any information supplied by a respondent;

disqualify a Tender who is found to have colluded with any other Tenderer, or other party, in the RFP,

and

withdraw the tender on good cause at any stage of the tender process, including after the approval of

the preferred Tenderer (s) upon written notification to the Tenderer (s).

Kindly note that Transnet will not reimburse any Respondent for any preparatory costs or other work

performed in connection with this Proposal, whether or not the Respondent is awarded a contract.

20. LEGAL REVIEW

Any Proposal submitted by a Respondent is subject to review and negotiation of the proposed contract by

Transnet Port Terminals’ Legal Counsel.




Respondents to complete this section:

NAME OF RESPONDENT ………….………………………………………………………………………………………….

PHYSICAL ADDRESS ……………………………………….…………………………………………………………………

…………………………………………………………….……………………………………………………………………….

Respondent’s contact person: Name………………………………………………………….…….…...………

Designation………………………………………….…….….…………………

Telephone………………………………………………….……………………

Cell Phone…………………………………………….…………………………

Facsimile………………………………………..…………….…………………

Email…………………………………………………….…….…………………

Website………………………………………………….….……………………

Transnet urges its clients, suppliers and the general public to report any fraud or corruption

on the part of Transnet’s employees to

TIP-OFFS ANONYMOUS : 0800 003 056




SECTION 2





BACKGROUND, OVERVIEW AND SCOPE OF REQUIREMENTS

1. BACKGROUND

TPT is currently in the process of buying new tandem lift STS cranes. In order for these to be effectively

used in operations, the crane operators will need to be trained in advance on how to operate tandem lift cranes and to operate the new model cranes. This requires that the current training simulators be

upgraded with the latest versions of the software that includes this feature.

TPT would like that the following services be included in the maintenance and support contract:-

Hardware and Software support and maintenance

Hardware and Software remote monitoring

Helpdesk

Software upgrades

Maintenance & Support reporting




2. EXECUTIVE OVERVIEW

TPT’s Container Terminals currently procure their support requirements through a number of service

providers. Our objective is to source all activity through a Preferred Supplier(s) capable of servicing TPTs Container Terminals in Cape Town, Ngqura and Durban Container Terminals.

TPT is seeking a partner(s) to provide solutions for its maintenance, software support and upgrades for rubber tyre gantry (RTG) and ship to shore (STS) simulators at the above mentioned terminals. It also

seeks to improve its current processes for provision of these Services to its end user community

throughout its locations.

The selected service provider(s) will share in the mission and business objectives of TPT. These mutual

goals will be met by meeting contract requirements and new challenges in an environment of teamwork, joint participation, flexibility, innovation and open communications. In this spirit of partnership, TPT and

its Supplier(s) will study the current ways they do business to enhance current practices and support

processes and systems. Such a partnership will allow TPT to reach higher levels of quality, service and profitability.

Specifically, Transnet seeks to benefit from this partnership in the following ways:

Transnet must receive reduced cost of acquisition and improved service benefits resulting from

the Supplier’s economies of scale and streamlined service processes.

Transnet must achieve appropriate availability that meets user needs while reducing costs for

both Transnet and the chosen Supplier(s).

Transnet must receive proactive improvements from the Supplier with respect to provision of

Services and related processes.

Transnet’s overall competitive advantage must be strengthened by the chosen Supplier’s leading

edge technology and service delivery systems.

Transnet end users must be able to rely on the chosen Supplier’s personnel for service enquiries,

recommendations and substitutions.

Transnet must reduce costs by streamlining its acquisition of Services, including managed service

processes.




3. SCOPE OF REQUIREMENTS

MAINTENANCE AND SOFTWARE UPGRADES AND SUPPORT

The aim of this project is to provide maintenance and software support and upgrades for TPT’s existing Rubber

Tyre Gantry (RTG) and Ship To Shore (STS) simulators located at three of TPT’s terminals namely:

- Cape Town Container Terminal

- Ngqura Container Terminal

- Durban Container terminal

The following items need to be checked once the tender has been awarded:

- The container that houses the simulator for wear and tear

- The door locks need to be replaced the front and rear doors

- The computers 1 and 2 which are used by the instructor’s station used during training sessions

- The communication devices

- The motion base

- The motors (all)

- The actuators ( all)

- The Couplings (all)

- Electrical wiring

- The host computer hardware

- The floor for damages

- The launch screens ( all on the motion base)

- The visual screens 6 of them but the right hand side screen has crack ( for viewing while training is

taking underway also check the screens for scratches and damages

- The power junction box

- The consoles on which the controls are mounted brought closer to real crane as much as possible.

- Fittings

- Power supply

- Spares parts




- Any leaks

The air conditioning system

The system needs to be checked and tested to make sure it works properly to protect all the electronics

that make the simulator work without getting too hot, it has been causing some problems by screen freeze

and motions failures, especially now that the simulator is operating 24 hours a day.

Electrical:

Only SABS approved products only, including sockets and switches must be used

Enhancements (to be tailor made specific to each container terminal)

- Pre-loaded scenario as well as an option of developing new training scenario as is currently the case.

- Looking at the simulated virtual environment to replicate each of the terminals. configurations

- Bring the simulator features closer to the real machine features.

- Change the stacking yard to replicate our stacks layouts and slots configurations as it is difficult to train

trainees with the current configurations.

- Introduce vessel properties with more functions or options such as manipulations capabilities to change a

training sessions (include things like extreme weather conditions inclusive of sea swells simulations, rainy

conditions etc.

- Day and night working enhancements (include crane lights and vessel lighting)

- Enhancing the RDT screen used for RTG operator training as current one does not prepare trainees for

the real working world.

- Handling of uncontainerised cargo such as break bulk cargo by use of attachments applicable to each of

the cranes types should be simulated.

- Handling of hatch covers scenarios under all conditions, can we also have where hatch covers are landed

on the quay surface?

- Simulate other machines working in the same vicinity to enhance trainee alertness of his surroundings

e.g. STS and RTG.

- Move orders manipulation should be made easier to sequence.

- Tandem lift capability for the STS.




- 3 d capability to enhance realistic depth perception strengths

- Built – in eye and hand coordination capability this can also be used as screening for the recruitment

process.

Software Upgrades

Respondent should ensure that the software provided is upgraded to the latest available versions and thereafter, for the duration of the contract, that all new releases and upgrades are provided and installed on the simulators

based on user sign-off and agreement (in accordance with the TPT change control procedures).

Software and Hardware Support - Helpdesk

Respondent to provide remote telephonic or other types of support (helpdesk) to ensure that software and hardware faults can be logged and resolution tracked. Timeframes for various levels of faults to be agreed.

Helpdesk to be available during working hours Monday to Friday (South African time).

Skills Transfer

Transfer of knowledge and skills in respect of planned maintenance programs over the life cycle of the training

simulators

4. GENERAL INFORMATION

The successful service provider shall be fully responsible to Transnet for the acts and omissions of persons directly or indirectly employed by them.

The service provider(s) must provide the identified information requested and comply with the requirements stated in the RFP.

5. EXCHANGE AND REMITTANCE

The attention of the Respondents is specially directed to clause 7 (Exchange and Remittance) of the General Tender Conditions Form CSS5. The Respondent is also to note that the particulars of the

exchange rate on which the Respondent has based its tendered price(s), is/are to be stipulated hereunder only if Transnet is requested by the Respondent to effect payment overseas direct to the

Respondent’s principal/supplier.




(a) ZAR1.00 (South African currency) being equal to ................................... (foreign currency).

…………...............% in relation to tendered price(s) (..........……………………….......) to be

remitted overseas by Transnet.

(b) ……………………........................ (Name of country to which payment is to be made)

(c) Beneficiary details :

Name (Account holder) ……………………………………………………………………….

Bank (Name and branch code)……….……………………………………………………….

Swift code ………………………………………………………………………………………. Country

………………………………………………………………………………………….

(d) .…………………………………………................... (Applicable date of Exchange Rate used)

6. NATIONAL RAILWAY SAFETY REGULATOR ACT

In compliance with the National Railway Safety Regulator Act, 16 of 2002, the successful

Respondent (the “Supplier”) shall ensure that the Services to be supplied to Transnet, under the terms and conditions of a contract between the parties, comply fully with the specifications as set forth in this

RFP, and shall thereby adhere to railway safety requirements and/or regulations. Permission for the

engagement of a subcontractor by the Supplier, as applicable, both initially and during the course of a contract, shall be subject to a review of the capability of the proposed subcontractor to comply with the

specified railway safety requirements and/or regulations. The Supplier and/or its subcontractor shall grant Transnet access, during the term of the contract, to review any safety-related activities, including the

coordination of such activities across all parts of the organisation.

Accepted:

YES NO

7. SERVICE LEVELS

Experienced national account representative/s to work with Transnet’s sourcing/procurement

department (no sales representatives are needed for individual department/locations). Additionally, there shall be a minimal number of people, fully informed and accountable for this

agreement.

Transnet will have quarterly reviews with the Supplier’s account representative on an ongoing

basis.




Transnet reserves the right to request that any member of the Supplier’s team involved on the

Transnet account be replaced if deemed not to be adding value for Transnet.

Supplier guarantees that it will achieve a 95% service level on the following measures. If the

Supplier does not achieve this level as an average over each quarter, Transnet will receive a 1.5% rebate on quarterly fees payable in the next quarter:

On-time deliverables

Supplier must provide a toll-free number or alternative number for customer service calls.

Failure of the Supplier to comply with stated service level requirements will give Transnet the

right to cancel the contract in whole, without penalty, giving 30 (thirty) days’ notice to the Supplier.

Accepted:

YES NO

8. CONTINUOUS IMPROVEMENT INITIATIVES AND VALUE ADD

Respondents shall indicate whether they are committed to participate in the continuous improvement initiatives of Transnet to reduce the overall cost of transportation within South Africa during the duration

of the contract.

Accepted:

YES NO

If “yes”, please specify.

Respondents must briefly describe their commitment to the continuous improvement initiatives and give examples of specific areas and strategies where cost reduction initiatives can be introduced. Specific

areas and proposed potential savings percentages should be included. Additional information can be

appended to the Respondent’s Proposal if there is insufficient space available.

…………………………………………………………………………………………………………………..

…………………………………………………………………………………………………………………..

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9. RISK

Respondents must elaborate on the control measures put in place by their company, which mitigate the

risk to Transnet, pertaining to potential non-performance by a Supplier in relation to -

(i) quality of the Service(s) provided:

…………………………………………………………………………………………………………………………

…………………………………………………………………………………….…………………………………..

…………………………………………………………………………………………………………………………

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(ii) continuity of provision of the Service(s) (refer clause 6.9 of Form US7)::

…………………………………………………………………………………………………………………………

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(iii) compliance with the Occupational Health and Safety Act, 85 of 1993 (refer clause 8.1(f) of Form US7)

…………………………………………………………………………………………………………………………

…………………………………………………………………………………….…………………………………..

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(iv) compliance with the National Railway Safety Regulator Act, 16 of 2002 (refer clause 16 above)

…………………………………………………………………………………………………………………………

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10. REFERENCES

Please indicate below the company names and contact details of existing customers whom Transnet may contact to seek third party evaluations of your current service levels:

Name of Company Contact Person Telephone number

11. EVALUATION CRITERIA

TPT will utilise the following criteria (not necessarily in this order) in choosing a Supplier, if so required:

(i) Price Schedules

Tenderers shall submit their schedule of prices in accordance with the Pricing Tables contained in Section 6.

Pricing (fees) - Whilst not the sole factor for consideration, competitive pricing will be critical in

indicating how much you value Transnet’s business

(ii) Previous Experience in Providing the Maintenance of Simulation Equipment

(iii) Size of Vendor's Customer Base




(iv) Reference Letters from Vendor's Customers

(v) Access to source code included in the 3 x simulators

(vi) Helpdesk available 8am-5pm weekdays SA Standard Time

(vii) Helpdesk logging via telephone, email or web

(viii) BBBEE status of company

(ix) Supplier Development

12 Evaluation Methodology

12.1 Phase 1: All Tenders will be evaluated by TPT in terms of the evaluation criteria stipulated in clauses 11

(i) – (ix) above. Incomplete Tenders will result in disqualification and it is therefore critical that all

documentation requested in the RFP is submitted therewith;

12.3 Phase 2: The Tenderer’s score will be tabulated, collated and ranked in accordance with the TPT’s

Balanced Scorecard. Thereafter, the Tenderer(s) will be recommended to the DAC for approval; and

12.4 Phase 3: After approval of the preferred list of Tenderer(s) by the DAC, post-tender negotiations will then

be conducted with the preferred Tenderer(s), with a view to negotiating and finalising the terms and conditions of the Proposed maintenance and software support and upgrades for TPT’s existing Rubber

Tyre Gantry (RTG) and Ship To Shore (STS) simulators Professional Services Agreement, a copy is included as Section 9 of this RFP document. When finalized and after the business has been awarded by

the DAC, a Professional Services Agreement will be concluded with the preferred Tenderer.

8.2 Point Preference System

In view of the high emphasis which TPT places on BBBEE, TPT will allow a certain preference for BBBEE

in the evaluation of the Tender and Supplier Development.

8.3 Principles for Awarding Business

i) As indicated in clause 12.1-4 above, TPT will enter into post-tender negotiations with the

preferred Tenderer(s) as approved by the DAC.

ii) As is elsewhere stated in these RFP documents, Tenderer(s) are advised and should note that any final

award of business is entirely conditional upon and subject to the successful conclusion of a written contract between the preferred Tenderer(s) and TPT, which agreement will include such terms and

conditions as TPT Management and the DAC may require or prescribe, but which shall have its foundation

in the Proposed Professional Services Agreement (see Section 9).




SECTION 3






PROPOSAL FORM

I/We_______________________________________________________________________________

(name of company, close corporation or partnership)

of (full address)_______________________________________________________________________

________________________________________________________________________________

carrying on business under style or title of (trading as)

________________________________________________________________________________

________________________________________________________________________________

represented by_______________________________________________________________________

in my capacity as _____________________________________________________________________

being duly authorised thereto by a Resolution of the Board of Directors or Members or Certificate of Partners, as the

case may be, dated ______________________________ a certified copy of which is annexed hereto, hereby offer to

supply the above-mentioned Services at the prices quoted in the schedule of Service Fees in accordance with the

terms set forth in the accompanying letter(s) reference ________________________ ___________ and dated

_______________________ (if any) and the documents listed in the accompanying schedule of RFP documents.

I/We agree to be bound by those conditions in Transnet’s:

(i) Terms and conditions that may be stipulated by the DAC

(ii) General Tender Conditions, Form CSS5 – Services; and

(iii) any other standard or special conditions mentioned and/or embodied in the Request for Proposal form; and;-




I/We accept that unless TPT should otherwise decide and so inform me/us in the facsimile or letter of acceptance, this Proposal (and, if any, its covering letter and any subsequent exchange of correspondence), together with

Transnet’s acceptance thereof shall constitute a binding contract between Transnet and me/us.

Should TPT decide that a formal contract should be signed and so inform me/us in the facsimile or letter of acceptance, this Proposal (and, if any, its covering letter and any subsequent exchange of correspondence) together

with TPT’s letter of acceptance/intent, shall constitute a binding contract between TPT and me/us until the formal contract is signed.

I/We further agree that if, after I/we have been notified of the acceptance of my/our Proposal, I/we fail to enter into

a formal contract if called upon to do so, or fail to commence the provision of the Services within 4 (four) weeks, TPT may, without prejudice to any other legal remedy which it may have, recover from me/us any expense to which it

may have been put in calling for Proposals afresh and/or having to accept any less favourable Proposal.

I/We accept that any contract resulting from this offer will be for a period of two years only; and agree to a

penalty clause to be negotiated with TPT, which will allow TPT to invoke a penalty (details to be negotiated)

against us should the delivery of the Services be delayed due to non-performance by us.

The law of the Republic of South Africa shall govern the contract created by the acceptance of this RFP. The

domicillium citandi et executandi shall be a place in the Republic of South Africa to be specified by the Respondent hereunder, at which all legal documents may be served on the Respondent who shall agree to submit to the

jurisdiction of the courts of the Republic of South Africa. Foreign Respondents shall, therefore, state hereunder, the name of their accredited agent in the Republic of South Africa who is empowered to sign any contract which may

have to be entered into in the event of their Proposal being accepted and to act on their behalf in all matters relating

to the contract.

Respondent to indicate domicillium citandi et executandi hereunder:

__________________________________________________

__________________________________________________

__________________________________________________

__________________________________________________

NOTIFICATION OF AWARD OF RFP

As soon as possible after approval to award the contract/s, the successful Respondent (the Supplier) will be

informed of the acceptance of its Proposal. Unsuccessful Respondents will be advised in writing of the name of

the successful Supplier and the reason as to why their Proposals have been unsuccessful, for example, in the category of price, delivery period, quality, BBBEE status or for any other reason.

VALIDITY PERIOD

TPT desires a validity period of 3 (three) months (from closing date) against this RFP. It should be noted that

Respondents may offer an earlier validity period, but that their Proposals may be disregarded for that reason.

Should Respondents be unable to comply with this validity period, an alternative validity period must be stated hereunder:




This RFP is valid until _____________________________ (State alternative validity period/date).

TAX (VAT) REGISTRATION NUMBER

The Respondent must state hereunder the tax registration number which is applicable to Value-Added Tax:

_______________________________________

TAX CLEARANCE CERTIFICATE

Respondents are required to forward a valid Original company’s Tax Clearance Certificate with their Proposal.

Indicate tax clearance certificate expiry date: _________________________________

BANKING DETAILS

BANK: ________________________________________________

BRANCH NAME / CODE: _________________________________

ACCOUNT HOLDER: ____________________________________

ACCOUNT NUMBER: ____________________________________

NAME(S) AND ADDRESS / ADDRESSES OF DIRECTOR(S) OR MEMBER(S)

The Respondent must disclose hereunder the full name(s) and address(s) of the director(s) or members of the company or close corporation (C.C.) on whose behalf the RFP is submitted.

(i) Registration number of company / C.C. ...............................................................

(ii) Registered name of company / C.C. …………………………………………….

(iii) Full name(s) of director/member(s) Address/Addresses ID Number/s

............................................. ................................................. ....................................................

............................................ ................................................. ....................................................

............................................ ................................................. ....................................................

............................................ ................................................. ..... ..............................................

……………………………………….. ……………………………………………… ……………………..…………………………




REGISTRATION CERTIFICATE

Respondents must submit a certified copy of their company’s Registration Certificate with their Proposal.

NAME AND ADDRESS OF ACCREDITED AGENT

Provide hereunder, if applicable, details of the accredited agent in the Republic of South Africa appointed as local representative by foreign Respondents and whose address shall be regarded as the Respondent’s domicilium

citandi et executandi in terms of the Professional Services Agreement.

Name ..........................................................................................................................................................

Address

.........................................................................................................................................................

.........................................................................................................................................................

CONFIDENTIALITY

All information related to a subsequent contract, both during and after completion, is to be treated with strict confidence. Should the need however arise to divulge any information gleaned from provision of the Services,

which is either directly or indirectly related to TPT’s business, written approval to divulge such information will have to be obtained from TPT.

DISCLOSURE OF PRICES TENDERED

Respondents must indicate here whether TPT may disclose their tendered prices and conditions to other

Respondents:

YES NO

DECLARATION

Respondents to declare hereunder whether any family and/or direct relationship exists between any of the owners /

members / directors / partners / shareholders (unlisted companies) of the responding company and any employee or board member of the TPT:

YES NO

If YES, please indicate below:

FULL NAME OF OWNER/MEMBER/DIRECTOR/

PARTNER/SHAREHOLDER ADDRESS




______________________________________________________________________________________________

_____________________________________________________________________________________________

______________________________________________________________________________________________

Indicate nature of relationship (if any):

______________________________________________________________________________________________

______________________________________________________________________________________________

(Failure to furnish complete and accurate information in this regard may lead to the disqualification of a response and may preclude a Respondent from future business with TPT)

PRICE REVIEW

The successful Respondent(s) will be obliged to submit to an annual price review. TPT will be benchmarking this price offering(s) against the lowest price received as per the benchmarking exercise. If the Respondent’s price(s)

is/are found to be higher than the benchmarked price(s), then the Respondent shall match or better such price(s) within 30 days - failing which the Contract may be terminated at TPT’s discretion or the particular item(s) or

service(s) purchased outside the contract.

RETURNABLE DOCUMENTS

Respondents are required to submit the following returnable documents with their responses (see tick):

Notice to Tenderers – Section 1 √

Background overview – Section 2 √

Proposal Form – Section 3 √

Resolution of Board of Directors (Respondent’s Representative) - Section 4 √

Certificate of Acquaintance with RFP Documents – Section 5 √

Service Fees and Costs - Section 6 √

Statement of Services successfully carried out by Tenderer √

General Tender Conditions - Form CSS5 – Section 8 √

Draft Professional Services Agreement – Section 9 √

Audited Financials for previous year √

Supplier Declaration Form – Section 10 √

Supplier Code of Conduct – Section 11 √




Non-Disclosure Agreement – Section 12 √

RFP Declaration form – Section 13 √

Supplier Development – Section 14 √

Original Valid Tax Clearance Certificate √

VAT Registration Certificate √

Valid BBBEE Accreditation Certificate √

Original cancelled cheque and a letter from the bank √

Company’s Letterhead √

Public Liability √

Fixed price for one year √

Country-wide network (national footprint) √

Previous Experience in providing maintenance of simulation equipment √

Size of vendor’s customer database √

2 Reference letters from vendors customers √

Access to source code included in the 3 X simulators √

Helpdesk available 8am – 5pm weekdays South African standard time √

NOTE: Sections 1, 2, 3, 4, 5, 6, 7, 8, 9 10, 11, 12, 13 and 14, as indicated in the footer of each page, must be signed and dated by the Respondent.




By signing the RFP documents, the Respondent is deemed to acknowledge that he / she has made

himself / herself thoroughly familiar with all the conditions governing this RFP, including those

contained in any printed form stated to form part hereof and TPT will recognise no claim for relief

based on an allegation that the Respondent overlooked any such condition or failed properly to take

it into account for the purpose of calculating tendered prices or otherwise.

SIGNED at _________________________________ on this ___________ day of

__________________________2011.

SIGNATURE OF WITNESSES: ADDRESS OF WITNESSES:

1 1

2 2

SIGNATURE OF RESPONDENT’S AUTHORISED REPRESENTATIVE:

NAME

DESIGNATION




SECTION 4





SIGNING POWER: RESOLUTION OF BOARD OF DIRECTORS

NAME OF COMPANY/CLOSE CORPORATION/SOLE PROPRIETOR/PARTNERSHIP:

___________________________________________________________

It was resolved at a meeting of the Board of Directors held on _____________________________________ that

FULL NAME(S) CAPACITY SIGNATURE

__________________________ ______________________________ ____________________

__________________________ ______________________________ ____________________

__________________________ ______________________________ ____________________

in his/her capacity as indicated above is/are hereby authorised to enter into, sign, execute and complete any

documents relating to Tenders, Proposals and/or Contracts for the Provision of Services.

FULL NAME ____________________________ __________________________

SIGNATURE CHAIRMAN

FULL NAME ____________________________ __________________________

SIGNATURE SECRETARY




SECTION 5





CERTIFICATE OF ACQUAINTANCE WITH RFP DOCUMENTS

NAME OF COMPANY: ________________________________________________________

I/We do

hereby certify that I/we acquainted myself/ourselves with all the documentation comprising this RFP and all

conditions contained therein, as laid down by TPT for the carrying out of the proposed supply/service/works for which

I/we submitted my/our response.

I/We furthermore agree that TPT shall recognise no claim from me/us for relief based on an allegation that I/we

overlooked any RFP/contract condition or failed to take it into account for the purpose of calculating my/our

offered prices or otherwise.

SIGNED at ___________________________ on this _____ day of ___________________2011

WITNESS: ______________________ ___________________________

SIGNATURE OF RESPONDENT




SECTION 6





SERVICE FEES AND COSTS

PRICING SCHEDULE/PROJECT FEES

Cape Town Container Terminal

Full Suite

Pricing per annum

(ZAR)

Total Pricing for 24

months (ZAR)

Maintenance R R

Support R R

Software upgrade R R

Subtotal R

Ngqura Container Terminal

Full Suite

Pricing per annum

(ZAR)

Total Pricing for 24

months (ZAR)

Maintenance R R

Support R R





Subtotal R

Durban Container Terminal

Full suite Per Simulator Pricing per annum (ZAR)

Total Pricing for 24 months (ZAR)

Maintenance R R

Support R R


Subtotal R

Description Cost (ZAR Total (once off) ZAR

Management Fee R

Enhancements (as per page 2 of scope of work) Price per enhancement R

Other costs and/or Discounts To be itemized R

GRAND TOTAL R




SECTION 7






STATEMENT OF SERVICES SUCCESSFULLY CARRIED OUT BY TENDERER

Tenderers must insert in the space provided below and submit with their Tenderers, the following statement showing the works which they have successfully carried out which can be verified by TPT.

Further, each Tenderer has to submit at least Two (2) written references (letters) for verification by TPT of works successfully performed by them. The information must be supplied by accurately completing the table set out

below, which the Tenderer hereby warrants is true and correct in every respect by virtue of his signature to this document.

For whom done Nature of Service Value of Service Year Completed

TENDERER ______________________________

DATE: _______________________________2011




SECTION 8





GENERAL TENDER CONDITIONS - SERVICES

Refer Form CSS5 attached hereto.




SECTION 9






FOR THE PROVISION OF SERVICES TO TRANSNET

DRAFT PROFESSIONAL SERVICES AGREEMENT

RFP Declaration Form of 41

SECTION 10


PROVISION OF MAINTENANCE AND SOFTWARE SUPPORT AND UPGRADES FOR RUBBER TYRE GANTRY (RTG) AND SHIP TO SHORE (STS) SIMULATORS AT TRANSNET

SOC LIMITED OPERATING AS TRANSNET PORT TERMINALS (TPT) AT ITS CONTAINER TERMINALS IN CAPE TOWN, NGQURA AND DURBAN


SUPPLIER DECLARATION FORM

NB: DOCUMENT ATTACHED – PLEASE COMPLETE


SECTION 11


PROVISION OF MAINTENANCE AND SOFTWARE SUPPORT AND UPGRADES FOR

RUBBER TYRE GANTRY (RTG) AND SHIP TO SHORE (STS) SIMULATORS AT TRANSNET SOC LIMITED OPERATING AS TRANSNET PORT TERMINALS (TPT) AT ITS CONTAINER

TERMINALS IN CAPE TOWN, NGQURA AND DURBAN


SUPPLIER CODE OF CONDUCT

NB: DOCUMENT ATTACHED – PLEASE COMPLETE

ECTION 13



PROVISION OF MAINTENANCE AND SOFTWARE SUPPORT AND UPGRADES FOR

RUBBER TYRE GANTRY (RTG) AND SHIP TO SHORE (STS) SIMULATORS AT TRANSNET SOC LIMITED OPERATING AS TRANSNET PORT TERMINALS (TPT) AT ITS CONTAINER

TERMINALS IN CAPE TOWN, NGQURA AND DURBAN


NON-DISCLOSURE AGREEMENT (“NDA”)


Complete and sign SECTION 14


PROVISION OF MAINTENANCE AND SOFTWARE SUPPORT AND UPGRADES FOR RUBBER TYRE GANTRY (RTG) AND SHIP TO SHORE (STS) SIMULATORS AT TRANSNET

SOC LIMITED OPERATING AS TRANSNET PORT TERMINALS (TPT) AT ITS CONTAINER TERMINALS IN CAPE TOWN, NGQURA AND DURBAN


RFP DECLARATION FORM

NAME OF COMPANY: _______________________________________________________

We ___________________________________________________________ do hereby certify that:

1. TPT has supplied and we have received appropriate responses to any/all questions (as applicable)

which were submitted by ourselves for bid clarification purposes;

2. we have received all information we deemed necessary for the completion of this Request for

Proposal (RFP);

3. at no stage have we received additional information relating to the subject matter of this RFP from

TPT sources, other than information formally received from the designated TPT contact(s) as

nominated in the RFP documents;

4. we are satisfied, insofar as our company is concerned, that the processes and procedures adopted

by TPT in issuing this RFP and the requirements requested from bidders in responding to this RFP

have been conducted in a fair and transparent manner; and

5. furthermore, we acknowledge that a direct relationship exists between a family member and/or an

owner / member / director / partner / shareholder (unlisted companies) of our company and an

employee or board member of the TPT as indicated below: [Respondent to indicate if this section is

not applicable]

FULL NAME OF OWNER/MEMBER/DIRECTOR/


PARTNER/SHAREHOLDER: ADDRESS:

___________________________________________________________________________

___________________________________________________________________________ ___________________________________________________________________________

Indicate nature of relationship with TPT:

___________________________________________________________________________ ___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________ [Failure to furnish complete and accurate information in this regard may lead to the disqualification of your response and may preclude a Respondent from doing future business with TPT]

6. We declare, to the extent that we are aware or become aware of any relationship

between ourselves and TPT (other than any existing and appropriate business

relationship with TPT) which could unfairly advantage our company in the forthcoming

adjudication process, we shall notify Transnet immediately in writing of such

circumstances.

7. We accept that any dispute pertaining to this bid will be resolved through the

Ombudsman process and will be subject to the Terms of Reference of the

Ombudsman. The Ombudsman process must first be exhausted before judicial review

of a decision is sought. (Refer “Important Notice to Respondents” overleaf).

8. We further accept that TPT reserves the right to reverse a tender award or decision

based on the recommendations of the Ombudsman without having to follow a formal

court process to have such award or decision set aside.

SIGNED at ___________________________ on this _____ day of _________________ 20____

For and on behalf of AS WITNESS: …………………………………………………………………………

duly authorised thereto

Name: Name:

Position: Position:


Signature: Signature:

Date:

Place:


IMPORTANT NOTICE TO RESPONDENTS

Transnet has appointed a Procurement Ombudsman to investigate any material

complaint in respect of RFPs exceeding R5,000,000.00 (five million S.A. Rands) in

value. Should a Respondent have any material concern regarding an RFP process

which meets this value threshold, a complaint may be lodged with Transnet’s

Procurement Ombudsman for further investigation.

It is incumbent on the Respondent to familiarise himself/herself with the Terms of

Reference for the Transnet Procurement Ombudsman, details of which are available

for review at Transnet’s website www.transnet.net.

An official complaint form may be downloaded from this website and submitted,

together with any supporting documentation, within the prescribed period, to

[email protected]

For transactions below the R5,000,000.00 (five million S.A. Rand) threshold, a

complaint may be lodged with the Chief Procurement Officer of the relevant Transnet

Operating Division.

All Respondents should note that a complaint must be made in good faith. If a

complaint is made in bad faith, Transnet reserves the right to place such a bidder on

its List of Excluded Bidders.

attached hereto

http://www.transnet.net/

mailto:[email protected]

Respondent’s Signature 1 Date and Company Stamp · request for proposal (“rfp”) rfp number...

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Transcript of Respondent’s Signature 1 Date and Company Stamp · request for proposal (“rfp”) rfp number...